IN WP NO.10507/2014

This writ petition is filed challenging the order of

Debts Recovery Tribunal, Bengaluru dated 10.01.2014

vide Annexure-N.

By the said order, the Debts Recovery Tribunal has

refused to condone the delay in filing the application under

Section 17 of the SARFAESI Act by the petitioner.

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It is not in dispute that as against the order passed

by the Debts Recovery Tribunal under Section 17 of the

SARFAESI Act, a statutory appeal is provided. The

petitioner would therefore have to avail the remedy of

filing an appeal.

However, learned Senior counsel Sri K. Suman, for

the petitioner contended that the existence of an

alternative remedy is not an absolute bar for the exercise

of jurisdiction. He places reliance on the decision rendered

by the Division Bench of this Court in the case of SRI

U.M.RAMESH RAO AND OTHERS vs. UNION BANK OF

INDIA (FORMERLY CORPORATION BANK) - ILR 2021 KAR

2196.

In the above mentioned decision, the Division Bench

has stated as follows:

“But, normally, the High Court should not

entertain writ petitions unless it is shown that

there is something more in a case, something

going to the root of the jurisdiction of the officer,

something whic